Carers’ rights in law
In recent years, the law supporting unpaid carers has been strengthened, along with the requirements for local authorities and other public bodies to take steps to identify people in caring roles and offer them support.
The main pieces of legislation governing unpaid carers are: The Care Act 2014, The Children and Families Act 2014, The Health and Care Act 2022, and most recently, The Carer’s Leave Act 2023.
The Health and Care Act 2022 strengthens the rights of unpaid carers, of all ages, to be involved in the health and care decisions for the person they support.
- Duty placed on all NHS Trusts to involve carers, where appropriate, as soon as feasible in discharge planning for the person they support.
- Duty placed on ICBs to promote the involvement of carers in decisions about the care of the person they support, including decisions about prevention diagnosis, treatment and care.
- Requires NHS England and ICBs to consult carers when commissioning services or making changes to existing services.
The Carers Leave Act 2023 entitles unpaid carers juggling work and caring to one working week’s worth of unpaid leave to cover caring responsibilities.
- Entitles unpaid carers to one working week’s worth of unpaid carers leave in a 12 month period. – A ‘week’ is defined by your employment contract, if you work full time, you are entitled to 5 days leave, if you work 3 days a week, your entitlement is 3 days etc.
- It is an entitlement from day-one of someone’s employment.
- It can be taken flexibly, in full or half days, for planned commitments.
- You have to notify your employer in advance of taking carers leave.
To find out more information on The Health and Care Act 2022 or The Carers Leave Act 2023: